Opinion
01-03524
Submitted April 25, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered April 4, 2001, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
Elizabeth S. Ostrow, New York, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Steven R. Bernhard of counsel), for respondent.
ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The decision as to whether to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the court (see People v. Hagzan, 155 A.D.2d 616). In the instant case, the defendant knowingly and voluntarily made a complete plea allocution in the presence of competent counsel, after the court had fully apprised him of the consequences of his plea (see People v. Harris, 61 N.Y.2d 9). Moreover, at no time did the defendant claim that he was innocent or assert that he had been coerced into pleading guilty. The sole basis for his application to withdraw his plea was that he was unhappy with his bargained-for sentence. Under these circumstances, it was a provident exercise of discretion to deny the motion (see People v. Hagzan, supra).
The defendant was not deprived of his right to the effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137).
FLORIO, J.P., O'BRIEN, McGINITY and H. MILLER, JJ., concur.